Published on: 6577102. Adopt amendments to provide electronic mail as an option for receipt of notices of intent and as a means of providing written notices of agency decisions. These rule amendments are consistent with current Rules 40E-1.6058(1) and 40E-1.511(1)(a), F.A.C.
; February 12, 2009, 9:00 a.m. (this new date replaces the January 15, 2009 hearing date that was published in the Notice of Change, Volume 34, Number 47, November 21, 2008, issue of the Florida Administrative Weekly).; South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406.
Published on: 6234304. To amend subsections 40E-0.105(2) and (4), F.A.C., to be consistent with subsection 40E-1.6058(1), F.A.C., which currently provides electronic mail as an option for receipt of notices of intent, and to amend paragraph 40E-0.109(1)(a), F.A.C., to be consistent with paragraph 40E-1.511(1)(a), F.A.C., which currently allows for electronic mail as a means of providing written notice of agency decisions.
Published on: 5827195. The South Florida Water Management District (District) proposes to: 1) amend Rule 40E-0.105, Florida Administrative Code (F.A.C.), to allow for additional noticing through electronic media; and 2) amend Rule 40E-0.109, F.A.C., which inadvertently omitted the language allowing for electronic noticing when the original noticing provisions were enacted.
Published on: 275594. Steven and Drora Davis. The petition for waiver was received by the SFWMD on September 29, 2005. The Petitioners waived the 90-day review period for their permit application set forth in Rule 40E-0.105, Fla. Admin. Code, and also waived the 90-day statutory time requirement for granting or denying a waiver set forth in Section 120.542(8), Fla. Stat., on this Petition for Waiver, so that agency action could be taken simultaneously on their application for ROW Permit and this associated Petition for Waiver. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 31, No. 41, on October 14, 2005. No public comment was received. Original Notice of Disposition regarding denial of Petition for Waiver was published in the Florida Administrative Weekly, Vol. 32, No. 13, on March 31, 2006. The Notice of Disposition has been amended to include the rule number and nature of the rule from which the waiver was sought. The petition for waiver sought relief from Rules 40E-6.011(4)& (6), and 40E-6.221(2)(a)&(j), Fla. Admin. Code, which govern the placement of permanent and/or semi-permanent above-ground structures within 40 feet of top of canal bank within Works or Lands of the District. Denial of the requested Right of Way Occupancy Permit and Waiver of District Criteria is due to the fact that the proposed fence encroachment, within the District’s southerly right of way of the C-100C Canal; S22/T55S/R40E, Miami-Dade County, constitutes a permanent and/or semi-permanent above ground encroachment within 40 feet of the top of the canal bank and interferes with the District’s ability to perform necessary construction, alteration, operation and maintenance activities and is therefore contrary to the District’s policy and rules; specifically, Rule 40E-6.011(1), (4), (5), and (6), Fla. Admin. Code. In addition, the Application and Petition are inconsistent with the District’s Right of Way Management and Recovery Plan as approved by the Governing Board at their November 9, 2005, meeting.